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Patrick C. DiCarlo

Counsel

Mr. DiCarlo has over 18 years of experience litigating employee benefit disputes. He represents both retirement and welfare plans, as well as their sponsors and insurers, in claims for benefits and/or fiduciary breach. Mr. DiCarlo has represented some of America's largest employers in disputes stemming from service provider fees, investments in employer securities, the prudence of particular investments, executive compensation disputes, disclosure and securities issues and challenges to benefit claim review procedures and decisions. ERISA is a complex area of law requiring litigators with deep experience in litigation of this type. Mr. DiCarlo currently serves as national coordinating counsel for one of our nation’s largest insurers, representing this client in litigation in all 50 states.

Mr. DiCarlo is currently recognized by Chambers USA: America’s Leading Lawyers for Business as a leading individual in the ERISA Litigation category. He received his J.D. degree, cum laude, from the University of Georgia School of Law in 1994, and his B.A. from the University of Georgia in 1991.

Defense counsel in a case in which the Fifth Circuit reversed summary judgment for the plaintiff and mandated the entry of a judgment for the defendant. Marrs v. Prudential, Appeal No. 10-31224 (5th Cir. 2011).
Obtained dismissal of a class action challenging the prudence of investments in employer securities. In re Nokia ERISA Litigation.
Obtained dismissal of a suit challenging the effectiveness of an amendment freezing pension benefits. Cinotto v. Delta Air Lines, Inc. (N.D.Ga. 2010).
Defense counsel in a case alleging huge losses associated with a decline in the value of company stock in a 401(k) plan. Pedraza v. Coca-Cola, 456 F.Supp.2d 1262, 2006 WL 2934989 (N.D.Ga. 2006).
Independent counsel to a plan committee for the purposes of a classwide claim challenging the plan’s offset provisions. White v. Coca-Cola, 514 F.Supp.2d 1353, 2007 WL 2660253 (N.D.Ga. 2007).
Defense counsel in a stock drop case alleging billions in damages, as well as a related securities fraud suit. Hill v. BellSouth, 313 F.Supp. 2d 1361 (N.D.Ga 2004).
Argued successfully before the Fourth Circuit Court of Appeals in a case challenging claim handling procedures. Gayle v. UPS, 401 F.3d 222 (4th Cir. 2005).
Counsel for a major airline in a five-year dispute over actuarial methods used to calculate defined pension benefits and alleged cut-back. See generally Waeltz v. Delta, 301 F3d 804 (7th Cir. 2002).
Argued successfully before the Fourth Circuit on the issue of whether individual insurance policies sold through “cafeteria plans” are subject to ERISA preemption. Casselman v. Aflac, 143 Fed. Appx. 507, 2005 WL 1492208, 35 Employee Benefits Cas. 1233 (4th Cir. 2005).
Lead counsel for a major chemical company in a week-long jury trial in state court on breach of fiduciary duty for failure to disclose a claim. See generally Flexible Products v. Ervast, 284 Ga.App. 178, 643 S.E.2d 560 (2007) (finding in favor of the defendants in a non-disclosure claim brought by a minority shareholder).
Defeated RICO, ERISA and state law securities claims in an ESOP valuation dispute. Cook v. Campbell, 482 F.Supp.2d 1341 (M.D.Ala. 2007).


July 5, 2011	Chambers USA 2011 Edition Lists 87 Alston & Bird Attorneys
June 11, 2010	Chambers USA 2010 Edition Lists 81 Alston & Bird Attorneys
June 12, 2009	Chambers USA 2009 Edition Lists 78 Alston & Bird Attorneys
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January 5-9, 2011	28th Annual National CLE Conference
January 6-10, 2010	27th Annual National CLE Conference
November 3, 2009	Boomers on the Brink; ERISA Litigation on the Rise
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Summer 2008	"Litigating Executive Compensation Disputes and How to Avoid Them," Benefits Law Journal, Vol. 21, No. 2, Summer 2008.
March 2008	"Supreme Court Allows Individual Damages Claims for Breach of Fiduciary Duty," Benefits & Compensation Law for Nonprofits, Vol. 24, No. 3, March 2008.
March 2008	"Proposed Labor Regulations Would Require Greater Disclosures of Fees, Compensation, and Conflicts of Interest for Employee Benefit Plan Services Providers," Privacy & Data Security Law Journal, March 2008.
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Patrick C. DiCarlo

Counsel

Patrick C. DiCarlo

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